Chapter 158

HOUSE BILL No. 2838

(Amended by Chapter 267)

An Act concerning crimes and punishments; defining and providing
penalties for the crime of involuntary manslaughter while driving
under the influence of alcohol or drugs; re- lating to murder in
the second degree; amending K.S.A. 21-3402, 21-3404, 21-4203, 21-
4204, 21-4706, 21-4711 and 22-3717 and repealing the existing
sections.

Be it enacted by the Legislature of the State of
Kansas:

New Section 1. Involuntary manslaughter while driving under the
influence of alcohol or drugs is the unintentional killing of a
human being committed in the commission of, or attempt to commit,
or flight from an act described in K.S.A. 8-1567 and amendments
thereto.

Involuntary manslaughter while driving under the influence of
alcohol or drugs is a severity level 4, person felony.

Sec. 2. K.S.A. 21-3404 is hereby amended to read as follows: 21-
3404. Involuntary manslaughter is the unintentional killing of a
human being committed:

(a) Recklessly;

(b) in the commission of, or attempt to commit, or flight from
any felony, other than an inherently dangerous felony as defined in
K.S.A. 21-3436 and amendments thereto, that is enacted for the
protection of human life or safety or a misdemeanor that is enacted
for the protection of human life or safety, including acts
described in K.S.A. 8-1566, 8-1567 and 8-1568 and
amendments thereto but excluding the acts described in K.S.A.
8-1567 and amendments thereto; or

(1) Selling, giving or otherwise transferring any firearm with a
barrel less than 12 inches long to any person under 18 years of
age;

(2) selling, giving or otherwise transferring any firearms to
any person who is both addicted to and an unlawful user of a
controlled substance;

(3) selling, giving or otherwise transferring any firearm to any
person who, within the preceding five years, has been convicted of
a felony, other than those specified in subsection (b), under the
laws of this or any other jurisdiction or has been released from
imprisonment for a felony and was found not to have been in
possession of a firearm at the time of the commission of the
offense;

(4) selling, giving or otherwise transferring any firearm to any
person who, within the preceding 10 years, has been convicted of a
felony to which this subsection applies, but was not found to have
been in the possession of a firearm at the time of the commission
of the offense, or has been released from imprisonment for such a
crime, and has not had the conviction of such crime expunged or
been pardoned for such crime; or

(5) selling, giving or otherwise transferring any firearm to any
person who has been convicted of a felony under the laws of this or
any other jurisdiction and was found to have been in possession of
a firearm at the time of the commission of the offense.

(b) Subsection (a)(4) shall apply to a felony under K.S.A.
21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414,
21-3415, 21- 3419, 21-3420, 21-3421, 21-3427, 21-3502, 21-3506,
21-3518, 21-3716, 65-4127a or 65-4127b, section 1 or K.S.A.
1995 Supp. 65-4160 through 65-4164, and amendments thereto, or a
crime under a law of another jurisdiction which is substantially
the same as such felony.

(1) Possession of any firearm by a person who is both addicted
to and an unlawful user of a controlled substance;

(2) possession of any firearm by a person who has been convicted
of a person felony or a violation of any provision of the uniform
controlled substances act under the laws of Kansas or a crime under
a law of another jurisdiction which is substantially the same as
such felony or violation, or was adjudicated a juvenile offender
because of the commission of an act which if done by an adult would
constitute the commission of a person felony or a violation of any
provision of the uniform controlled substances act, and was found
to have been in possession of a firearm at the time of the
commission of the offense;

(3) possession of any firearm by a person who, within the
preceding five years has been convicted of a felony, other than
those specified in subsection (a)(4)(A), under the laws of Kansas
or a crime under a law of another jurisdiction which is
substantially the same as such felony, has been released from
imprisonment for a felony or was adjudicated as a juvenile offender
because of the commission of an act which if done by an adult would
constitute the commission of a felony, and was found not to have
been in possession of a firearm at the time of the commission of
the offense;

(4) possession of any firearm by a person who, within the
preceding 10 years, has been convicted of: (A) A felony under
K.S.A. 21-3401, 21- 3402, 21-3403, 21-3404, 21-3410, 21-3411,
21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3502,
21-3506, 21-3518, 21-3716, 65- 4127a or 65-4127b, section 1
or K.S.A. 1995 Supp. 65-4160 through 65-4164, and amendments
thereto, or a crime under a law of another jurisdiction which is
substantially the same as such felony, has been re- leased from
imprisonment for such felony, or was adjudicated as a juvenile
offender because of the commission of an act which if done by an
adult would constitute the commission of such felony, was found not
to have been in possession of a firearm at the time of the
commission of the offense, and has not had the conviction of such
crime expunged or been pardoned for such crime; or (B) a nonperson
felony under the laws of Kansas or a crime under the laws of
another jurisdiction which is sub- stantially the same as such
nonperson felony, has been released from imprisonment for such
nonperson felony or was adjudicated as a juvenile offender because
of the commission of an act which if done by an adult would
constitute the commission of a nonperson felony, and was found to
have been in possession of a firearm at the time of the commission
of the offense;

(5) possession of any firearm by any person, other than a law
enforce- ment officer, in or on any school property or grounds upon
which is located a building or structure used by a unified school
district or an accredited nonpublic school for student instruction
or attendance or ex- tracurricular activities of pupils enrolled in
kindergarten or any of the grades 1 through 12 or at any regularly
scheduled school sponsored ac- tivity or event; or

(6) refusal to surrender or immediately remove from school
property or grounds or at any regularly scheduled school sponsored
activity or event any firearm in the possession of any person,
other than a law en- forcement officer, when so requested or
directed by any duly authorized school employee or any law
enforcement officer.

(b) Subsection (a)(5) shall not apply to:

(1) Possession of any firearm in connection with a firearms
safety course of instruction or firearms education course approved
and author- ized by the school;

(2) any possession of any firearm specifically authorized in
writing by the superintendent of any unified school district or the
chief administrator of any accredited nonpublic school;

(3) possession of a firearm secured in a motor vehicle by a
parent, guardian, custodian or someone authorized to act in such
person's behalf who is delivering or collecting a student; or

(4) possession of a firearm secured in a motor vehicle by a
registered voter who is on the school grounds, which contain a
polling place for the purpose of voting during polling hours on an
election day.

(c) Violation of subsection (a)(1) or (a)(5) is a class B
nonperson select misdemeanor; violation of subsection (a)(2),
(a)(3) or (a)(4) is a severity level 8, nonperson felony; violation
of subsection (a)(6) is a class A non- person misdemeanor.

Sec. 5. K.S.A. 21-4711 is hereby amended to read as follows: 21-
4711. In addition to the provisions of K.S.A. 21-4710 and
amendments thereto, the following shall apply in determining an
offender's criminal history classification as contained in the
presumptive sentencing guide- lines grid for nondrug crimes and the
presumptive sentencing guidelines grid for drug crimes:

(a) Every three prior adult convictions or juvenile
adjudications of class A and class B person misdemeanors in the
offender's criminal his- tory, or any combination thereof, shall be
rated as one adult conviction or one juvenile adjudication of a
person felony for criminal history pur- poses. Every three prior
adult convictions or juvenile adjudications of assault as defined
in K.S.A. 21-3408 and amendments thereto occurring within a period
of three years shall be rated as one adult conviction or one
juvenile adjudication of a person felony for criminal history
purposes.

(b) A conviction of subsection (a)(1) of K.S.A. 21-4204 and
amend- ments thereto, criminal possession of firearms by a person
who is both addicted to and an unlawful user of a controlled
substance, subsection (a)(4) of K.S.A. 21-4204 and amendments
thereto, possession of a firearm on school grounds or K.S.A.
21-4218 and amendments thereto, possession of a firearm on the
grounds or in the state capitol building, will be scored as a
select class B nonperson misdemeanor conviction or adjudication and
shall not be scored as a person misdemeanor for criminal history
pur- poses.

(c) (1) If the current crime of conviction was
committed before July 1, 1996, and is for subsection (b) of
K.S.A. 21-3404, involuntary man- slaughter in the commission of
K.S.A. 8-1567 and amendments thereto driving under the influence,
then, each prior adult conviction or juvenile adjudication for
K.S.A. 8-1567 and amendments thereto shall count as one person
felony for criminal history purposes.

(2) If the current crime of conviction was committed on or
after July 1, 1996, and is for involuntary manslaughter while
driving under the influence of alcohol and drugs, each prior adult
conviction, diversion in lieu of criminal prosecution or juvenile
adjudication for an act described in K.S.A. 8-1567 and amendments
thereto shall count as one person felony for criminal history
purposes.

(d) Prior burglary adult convictions and juvenile adjudications
will be scored for criminal history purposes as follows:

(1) As a prior person felony if the prior conviction or
adjudication was classified as a burglary as described in
subsection (a) of K.S.A. 21- 3715 and amendments thereto.

(2) As a prior nonperson felony if the prior conviction or
adjudication was classified as a burglary as described in
subsection (b) or (c) of K.S.A. 21-3715 and amendments thereto.

The facts required to classify prior burglary adult convictions
and ju- venile adjudications must be established by the state by a
preponderance of the evidence.

(e) Out-of-state convictions and juvenile adjudications will be
used in classifying the offender's criminal history. An
out-of-state crime will be classified as either a felony or a
misdemeanor according to the convicting jurisdiction. If a crime is
a felony in another state, it will be counted as a felony in
Kansas. The state of Kansas shall classify the crime as person or
nonperson. In designating a crime as person or nonperson comparable
offenses shall be referred to. If the state of Kansas does not have
a com- parable offense, the out-of-state conviction shall be
classified as a non- person crime. Convictions or adjudications
occurring within the federal system, other state systems, the
District of Columbia, foreign, tribal or military courts are
considered out-of-state convictions or adjudications. The facts
required to classify out-of-state adult convictions and juvenile
adjudications must be established by the state by a preponderance
of the evidence.

(f) Except as provided in subsections (4), (5) and (6) of K.S.A.
21- 4705 and amendments thereto, juvenile adjudications will be
applied in the same manner as adult convictions. Out-of-state
juvenile adjudications will be treated as juvenile adjudications in
Kansas.

(g) A prior felony conviction of an attempt, a conspiracy or a
solici- tation as provided in K.S.A. 21-3301, 21-3302 or 21-3303
and amend- ments thereto, to commit a crime shall be treated as a
person or non- person crime in accordance with the designation
assigned to the underlying crime.

Sec. 6. K.S.A. 21-3402 is hereby amended to read as follows: 21-
3402. Murder in the second degree is the killing of a human being
com- mitted:

(a) Intentionally; or

(b) unintentionally but recklessly under circumstances
manifesting extreme indifference to the value of human life.

Murder in the second degree as described in subsection (a) is
a severity level 1,an off-grid person
felony. Murder in the second degree as de- scribed in subsection
(b) is a severity level 2, person felony.

Sec. 7. K.S.A. 21-4706 is hereby amended to read as follows: 21-
4706. (a) For crimes committed on or after July 1, 1993, the
sentences of imprisonment shall represent the time a person shall
actually serve, subject to a reduction of up to 15% of the primary
sentence for good time as authorized by law.

(c) Violations of K.S.A. 21-3401, subsection (a) of K.S.A.
21-3402, 21- 3439 and 21-3801 and amendments thereto are
off-grid crimes for the purpose of sentencing. Except as otherwise
provided by K.S.A. 21-4622 through 21-4627, and 21-4629 through
21-4631, and amendments thereto, the sentence shall be imprisonment
for life.

Sec. 8. K.S.A. 22-3717 is hereby amended to read as follows: 22-
3717. (a) Except as otherwise provided by this section, K.S.A. 1993
Supp. 21-4628 prior to its repeal and K.S.A. 21-4635 through
21-4638 and amendments thereto, an inmate, including an inmate
sentenced pursuant to K.S.A. 21-4618 and amendments thereto, shall
be eligible for parole after serving the entire minimum sentence
imposed by the court, less good time credits.

(b) (1) Except as provided by K.S.A. 21-4635 through 21-4638 and
amendments thereto, an inmate sentenced to imprisonment for the
crime of capital murder, or an inmate sentenced for the crime of
murder in the first degree based upon a finding of premeditated
murder, committed on or after July 1, 1994, shall be eligible for
parole after serving 25 years of confinement, without deduction of
any good time credits.

(2) Except as provided by subsection (b)(1) or (b)(4),
K.S.A. 1993 Supp. 21-4628 prior to its repeal and K.S.A.
21-4635 through 21-4638, and amendments thereto, an inmate
sentenced to imprisonment for an off-grid offense committed on or
after July 1, 1993, shall be eligible for parole after serving 15
years of confinement, without deduction of any good time
credits.

(3) Except as provided by K.S.A. 1993 Supp. 21-4628 prior to
its repeal, an inmate sentenced for a class A felony committed
before July 1, 1993, including an inmate sentenced pursuant to
K.S.A. 21-4618 and amendments thereto, shall be eligible for parole
after serving 15 years of confinement, without deduction of any
good time credits.

(4) An inmate sentenced to imprisonment for a violation of
subsection (a) of K.S.A. 21-3402 and amendments thereto committed
on or after July 1, 1996, shall be eligible for parole after
serving 10 years of confinement without deduction of any good time
credits.

(c) Except as provided in subsection (e), if an inmate is
sentenced to imprisonment for more than one crime and the sentences
run consecu- tively, the inmate shall be eligible for parole after
serving the total of:

(1) The aggregate minimum sentences, as determined pursuant to
K.S.A. 21-4608 and amendments thereto, less good time credits for
those crimes which are not class A felonies; and

(2) an additional 15 years, without deduction of good time
credits, for each crime which is a class A felony.

(d) (1) Persons sentenced for crimes, other than off-grid
crimes, committed on or after July 1, 1993, will not be eligible
for parole, but will be released to a mandatory period of
postrelease supervision upon com- pletion of the prison portion of
their sentence as follows:

(A) Except as provided in subparagraphs (C) and (D), persons
sen- tenced for nondrug severity level 1 through 6 crimes and drug
severity levels 1 through 3 crimes must serve 36 months, plus the
amount of good time earned and retained pursuant to K.S.A. 21-4722
and amendments thereto, on postrelease supervision.

(B) Except as provided in subparagraphs (C) and (D), persons
sen- tenced for nondrug severity level 7 through 10 crimes and drug
severity level 4 crimes must serve 24 months, plus the amount of
good time earned and retained pursuant to K.S.A. 21-4722 and
amendments thereto, on postrelease supervision.

(C) (i) The sentencing judge shall impose the postrelease
supervision period provided in subparagraph (d)(1)(A) or
(d)(2)(B)(d)(1)(B), unless the judge finds
substantial and compelling reasons to impose a departure based upon
a finding that the current crime of conviction was sexually violent
or sexually motivated. In that event, departure may be imposed to
extend the postrelease supervision to a period of up to 60
months.

(ii) If the sentencing judge departs from the presumptive
postrelease supervision period, the judge shall state on the record
at the time of sentencing the substantial and compelling reasons
for the departure. De- partures in this section are subject to
appeal pursuant to K.S.A. 21-4721 and amendments thereto.

(a) Written briefs or oral arguments submitted by either the
defen- dant or the state;

(b) any evidence received during the proceeding;

(c) the presentence report, the victim's impact statement and
any psychological evaluation as ordered by the court pursuant to
subsection (e) of K.S.A. 21-4714 and amendments thereto; and

(d) any other evidence the court finds trustworthy and
reliable.

(iv) The sentencing judge may order that a psychological
evaluation be prepared and the recommended programming be completed
by the offender. The department of corrections or the parole board
shall ensure that court ordered sex offender treatment be carried
out.

(v) In carrying out the provisions of subparagraph (d)(1)(C),
the court shall refer to K.S.A. 21-4718 and amendments thereto.

(vi) Upon petition, the parole board may provide for early
discharge from the postrelease supervision period upon completion
of court or- dered programs and completion of the presumptive
postrelease super- vision period, as determined by the crime of
conviction, pursuant to sub- paragraph (d)(1)(A) or (B). Early
discharge from postrelease supervision is at the discretion of the
parole board.

(D) The period of postrelease supervision provided in
subparagraphs (A) and (B) may be reduced by up to 12 months based
on the offender's compliance with conditions of supervision and
overall performance while on postrelease supervision. The reduction
in the supervision period shall be on an earned basis pursuant to
rules and regulations adopted by the secretary of corrections.

(E) In cases where sentences for crimes from more than one
severity level have been imposed, the highest severity level
offense will dictate the period of postrelease supervision.
Supervision periods will not aggre- gate.

(J) any conviction for a felony offense in effect at any time
prior to the effective date of this act, that is comparable to a
sexually violent crime as defined in subparagraphs (A) through (I),
or any federal or other state conviction for a felony offense that
under the laws of this state would be a sexually violent crime as
defined in this section;

(K) an attempt, conspiracy or criminal solicitation, as defined
in K.S.A. 21-3301, 21-3302, 21-3303, and amendments thereto, of a
sexually violent crime as defined in this section; or

(L) any act which at the time of sentencing for the offense has
been determined beyond a reasonable doubt to have been sexually
motivated. As used in this subparagraph, ``sexually motivated''
means that one of the purposes for which the defendant committed
the crime was for the pur- pose of the defendant's sexual
gratification.

(e) If an inmate is sentenced to imprisonment for a crime
committed while on parole or conditional release, the inmate shall
be eligible for parole as provided by subsection (c), except that
the Kansas parole board may postpone the inmate's parole
eligibility date by assessing a penalty not exceeding the period of
time which could have been assessed if the inmate's parole or
conditional release had been violated for reasons other than
conviction of a crime.

(f) If a person is sentenced to prison for a crime committed on
or after July 1, 1993, while on probation, parole, conditional
release or in a community corrections program, for a crime
committed prior to July 1, 1993, and the person is not eligible for
retroactive application of the sentencing guidelines and amendments
thereto pursuant to K.S.A. 21- 4724 and amendments thereto, the new
sentence shall not be aggregated with the old sentence, but shall
begin when the person is paroled or reaches the conditional release
date on the old sentence. If the offender was past the offender's
conditional release date at the time the new of- fense was
committed, the new sentence shall not be aggregated with the old
sentence but shall begin when the person is ordered released by the
Kansas parole board or reaches the maximum sentence expiration date
on the old sentence, whichever is earlier. The new sentence shall
then be served as otherwise provided by law. The period of
postrelease su- pervision shall be based on the new sentence,
except that those offenders whose old sentence is a term of
imprisonment for life, imposed pursuant to K.S.A. 1993 Supp.
21-4628 prior to its repeal, or an indeterminate sentence
with a maximum term of life imprisonment, for which there is no
conditional release or maximum sentence expiration date, shall
remain on postrelease supervision for life or until discharged from
supervision by the Kansas parole board.

(g) Subject to the provisions of this section, the Kansas parole
board may release on parole those persons confined in institutions
who are el- igible for parole when: (1) The board believes that the
inmate should be released for hospitalization, for deportation or
to answer the warrant or other process of a court and is of the
opinion that there is reasonable probability that the inmate can be
released without detriment to the com- munity or to the inmate; or
(2) the secretary of corrections has reported to the board in
writing that the inmate has satisfactorily completed the programs
required by any agreement entered under K.S.A. 75-5210a and
amendments thereto, or any revision of such agreement, and the
board believes that the inmate is able and willing to fulfill the
obligations of a law abiding citizen and is of the opinion that
there is reasonable proba- bility that the inmate can be released
without detriment to the community or to the inmate. Parole shall
not be granted as an award of clemency and shall not be considered
a reduction of sentence or a pardon.

(h) The Kansas parole board shall hold a parole hearing during
the month prior to the month an inmate will be eligible for parole
under subsections (a), (b) and (c). At least the month preceding
the parole hear- ing, the county or district attorney of the county
where the inmate was convicted shall give written notice of the
time and place of the public comment sessions for the inmate to any
victim of the inmate's crime who is alive and whose address is
known to the county or district attorney or, if the victim is
deceased, to the victim's family if the family's address is known
to the county or district attorney. Except as otherwise provided,
failure to notify pursuant to this section shall not be a reason to
postpone a parole hearing. In the case of any inmate convicted of a
class A felony the secretary of corrections shall give written
notice of the time and place of the public comment session for such
inmate at least one month pre- ceding the public comment session to
any victim of such inmate's crime or the victim's family pursuant
to K.S.A. 74-7338 and amendments thereto. If notification is not
given to such victim or such victim's family in the case of any
inmate convicted of a class A felony, the board shall postpone a
decision on parole of the inmate to a time at least 30 days after
notification is given as provided in this section. Nothing in this
sec- tion shall create a cause of action against the state or an
employee of the state acting within the scope of the employee's
employment as a result of the failure to notify pursuant to this
section. If granted parole, the inmate may be released on parole on
the date specified by the board, but not earlier than the date the
inmate is eligible for parole under subsec- tions (a), (b) and (c).
At each parole hearing and, if parole is not granted, at such
intervals thereafter as it determines appropriate, the Kansas
parole board shall consider: (1) Whether the inmate has
satisfactorily completed the programs required by any agreement
entered under K.S.A. 75-5210a and amendments thereto, or any
revision of such agreement; and (2) all pertinent information
regarding such inmate, including, but not limited to, the
circumstances of the offense of the inmate; the presentence report;
the previous social history and criminal record of the inmate; the
conduct, employment, and attitude of the inmate in prison; the
reports of such physical and mental examinations as have been made;
comments of the victim and the victim's family; comments of the
public; official comments; and capacity of state correctional
institutions.

(i) In those cases involving inmates sentenced for a crime
committed after July 1, 1993, the parole board will review the
inmates proposed release plan. The board may schedule a hearing if
they desire. The board may impose any condition they deem necessary
to insure public safety, aid in the reintegration of the inmate
into the community, or items not completed under the agreement
entered into under K.S.A. 75-5210a and amendments thereto. The
board may not advance or delay an inmate's release date. Every
inmate while on postrelease supervision shall remain in the legal
custody of the secretary of corrections and is subject to the
orders of the secretary.

(j) Within a reasonable time after an inmate is committed to the
cus- tody of the secretary of corrections, a member of the Kansas
parole board, or a designee of the board, shall hold an initial
informational hearing with such inmate and other inmates.

(k) Before ordering the parole of any inmate, the Kansas parole
board shall have the inmate appear before it and shall interview
the inmate unless impractical because of the inmate's physical or
mental condition or absence from the institution. Every inmate
while on parole shall remain in the legal custody of the secretary
of corrections and is subject to the orders of the secretary.
Whenever the Kansas parole board formally con- siders placing an
inmate on parole and no agreement has been entered into with the
inmate under K.S.A. 75-5210a and amendments thereto, the board
shall notify the inmate in writing of the reasons for not granting
parole. If an agreement has been entered under K.S.A. 75-5210a and
amendments thereto and the inmate has not satisfactorily completed
the programs specified in the agreement, or any revision of such
agreement, the board shall notify the inmate in writing of the
specific programs the inmate must satisfactorily complete before
parole will be granted. If pa- role is not granted only because of
a failure to satisfactorily complete such programs, the board shall
grant parole upon the secretary's certification that the inmate has
successfully completed such programs. If an agree- ment has been
entered under K.S.A. 75-5210a and amendments thereto and the
secretary of corrections has reported to the board in writing that
the inmate has satisfactorily completed the programs required by
such agreement, or any revision thereof, the board shall not
require further program participation. However, if the board
determines that other per- tinent information regarding the inmate
warrants the inmate's not being released on parole, the board shall
state in writing the reasons for not granting the parole. If parole
is denied for an inmate sentenced for a crime other than a class A
or class B felony, the board shall hold another parole hearing for
the inmate not later than one year after the denial. If parole is
denied for an inmate sentenced for a class A or class B felony, the
board shall hold another parole hearing for the inmate not later
than three years after the denial and shall conduct an annual file
review for such inmate. Written notice of such annual file review
shall be given to the inmate. The provisions of this subsection
shall not be applicable to inmates sentenced for crimes committed
on or after July 1, 1993.

(l) Parolees and persons on postrelease supervision shall be
assigned, upon release, to the appropriate level of supervision
pursuant to the cri- teria established by the secretary of
corrections.

(m) The Kansas parole board shall adopt rules and regulations in
accordance with K.S.A. 77-415 et seq., and amendments
thereto, not in- consistent with the law and as it may deem proper
or necessary, with respect to the conduct of parole hearings,
postrelease supervision reviews, revocation hearings, orders of
restitution and other conditions to be im- posed upon parolees or
releasees. Whenever an order for parole or post- release
supervision is issued it shall recite the conditions thereof.

(n) Whenever the Kansas parole board orders the parole of an
inmate or establishes conditions for an inmate placed on
postrelease supervision, the board:

(1) Unless it finds compelling circumstances which would render
a plan of payment unworkable, shall order as a condition of parole
or post- release supervision that the parolee or the person on
postrelease super- vision pay any transportation expenses resulting
from returning the pa- rolee or the person on postrelease
supervision to this state to answer criminal charges or a warrant
for a violation of a condition of probation, assignment to a
community correctional services program, parole, con- ditional
release or postrelease supervision;

(2) to the extent practicable, shall order as a condition of
parole or postrelease supervision that the parolee or the person on
postrelease su- pervision make progress towards or successfully
complete the equivalent of a secondary education if the inmate has
not previously completed such educational equivalent and is capable
of doing so; and

(3) may order that the parolee or person on postrelease
supervision perform community or public service work for local
governmental agen- cies, private corporations organized
not-for-profit or charitable or social service organizations
performing services for the community.

(o) If the court which sentenced an inmate specified at the time
of sentencing the amount and the recipient of any restitution
ordered as a condition of parole or postrelease supervision, the
Kansas parole board shall order as a condition of parole or
postrelease supervision that the inmate pay restitution in the
amount and manner provided in the journal entry unless the board
finds compelling circumstances which would ren- der a plan of
restitution unworkable. If the parolee was sentenced before July 1,
1986, and the court did not specify at the time of sentencing the
amount and the recipient of any restitution ordered as a condition
of parole, the parole board shall order as a condition of parole
that the parolee make restitution for the damage or loss caused by
the parolee's crime in an amount and manner determined by the board
unless the board finds compelling circumstances which would render
a plan of res- titution unworkable. If the parolee was sentenced on
or after July 1, 1986, and the court did not specify at the time of
sentencing the amount and the recipient of any restitution ordered
as a condition of parole or post- release supervision, the parole
board shall not order restitution as a con- dition of parole or
postrelease supervision unless the board finds com- pelling
circumstances which justify such an order.

(p) Whenever the Kansas parole board grants the parole of an
inmate, the board, within 10 days of the date of the decision to
grant parole, shall give written notice of the decision to the
county or district attorney of the county where the inmate was
sentenced.

(q) When an inmate is to be released on postrelease supervision,
the secretary, within 30 days prior to release, shall provide the
county or district attorney of the county where the inmate was
sentenced written notice of the release date.

(r) Inmates shall be released on postrelease supervision upon
the ter- mination of the prison portion of their sentence. Time
served while on postrelease supervision will vest.

(s) An inmate who is allocated regular good time credits as
provided in K.S.A. 22-3725 and amendments thereto may receive
meritorious good time credits in increments of not more than 90
days per meritorious act. These credits may be awarded by the
secretary of corrections when an inmate has acted in a heroic or
outstanding manner in coming to the assistance of another person in
a life threatening situation, preventing injury or death to a
person, preventing the destruction of property or taking actions
which result in a financial savings to the state.